AFFH Rule Effectively Dead

HUD has made the decision to withdraw its Local Government Assessment Tool. Until recently, program participants that receive federal funding were required to use the tool to submit their plans to resolve local or regional barriers to fair housing. Also known as an Assessment of Fair Housing or AFH, these plans were required to comply with the Affirmatively Furthering Fair Housing rule (AFFH). HUD’s decision to withdraw its primary reporting mechanism effectively halts execution of the AFFH rule for the foreseeable future.

Since the tool is now unavailable, HUD is withdrawing its previous submission deadline until further notice, and until they develop a new tool to take its place. This development is the culmination of a series of events in which HUD has progressively walked back implementation of the Obama-era rule.

In a statement, HUD cited the tool as “confusing, difficult to use, and frequently produc[ing] unacceptable assessments.” Instead, HUD plans to launch a series of national listening sessions to seek public comment and determine the best framework for local governments to further fair housing choices in their communities.

NAA will be on the lookout for any scheduling announcements or additional AFFH news, and will pass along this information as it becomes available.

As always, NAA stands ready to serve as a resource for you. Please do not hesitate to contact me or Nicole Upano on our Government Affairs team to address any concerns about this issue or any other fair housing issue. Thank you for all that you do.